USA: Court orders removal of Osage wind farm and company to pay damages
“Judge Orders Enel to remove Osage County wind farm, pay damages”, 19 December 2024
The Osage Minerals Council, an arm of the Osage Nation, sued the owner of the Osage Wind farm in 2014, claiming that the proper permits were never obtained. The ruling will cost its owner, Enel, $263 million, including the cost of removing all … turbines.
A federal judge has ordered the owner of an Osage County wind farm to pay over $300,000 in damages and millions of dollars in attorney fees and to remove the 84 turbines and supporting structures by December 2025.
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“This case demonstrates our commitment to preserving and defending tribal sovereignty,” said U.S. Attorney Clint Johnson. “As Judge Choe-Groves emphasized, injury to the Osage sovereignty cannot be condoned or suffered. The Defendants disregarded cease-and-desist instructions with willful and wrongful intent.”
Choe-Groves, sitting by designation after being assigned the case in February 2023, issued the ruling against Osage Wind LLC, Enel Kansas LLC and Enel Green Power North America Inc. following a trial earlier this year.
The federal government and the Osage Minerals Council, the latter an arm of the Osage Nation that owns and manages all the mineral rights in Osage County, sued the wind farm owners in 2014, claiming that the operator never obtained the proper permits.
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“... the Court holds that Defendants shall remove the wind farm from the Osage Mineral Estate and return the Osage Mineral Estate to its pre-trespass condition on or before December 1, 2025,” Choe-Groves wrote in her Wednesday ruling.
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All told, including the estimated $259 million in tower-removal costs, the ruling will cost Enel $263,197,119.38.
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“Based on the testimony of Defendants’ representative and the evidence presented at trial, it is clear that Defendants’ decision to move forward with construction of the wind farm was motivated by financial interests and not a legitimate belief in the legality of their actions,” Choe-Groves wrote.
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A spokesperson for Enel could not be reached for comment.